Credit Repair and Judgment Removal Blowout Sale!

Biggest Sale of 2017 & 2018 New Year Special!

For a very limited time, BLOWOUT SPECIALS: 

get a huge discount on my credit repair services and judgment removal from your credit reports services.

ENDS JANUARY 3, 2018
and space is very limited!

For judgment removal - I have a 100% success rate for removing judgments, paid or not, from credit reports and seeing successful results in a very short time.  Generally they are removed in less than 90 days, but usually much sooner than that.  Regular price for this service is $550.  For this special, the first judgment removal is $450 and additional judgment removals are only $400 each. (edit 12/30/17) - only 4 spaces left

Regular Credit Repair Services do not include the removal of public records. This service goes after regular accounts on your credit reports such as collections, charge offs, personal info, etc. Normal pricing and sale pricing is as follows:

1-6 items regularly $650 - now take $100 off.

7-15 items regularly $950 - now take $200 off

Over 15 items, regularly $1200 and up, now take $300 off.

Payment plans are available. Plus, since Future Fico is a non-profit, all payments are tax deductible, meaning you can write off the costs/donations, and the service is virtually free!

This sale is a limited time only.  Come on board by January 3, 2018 to take advantage of these deep discounts.

By law I am not allowed to guarantee any results.  However, I stand on my 31 years of experience and success. I am loyal, hardworking, knowledgeable, experienced, and fight harder than anyone in the business that I know of (and I know a LOT of people in this business).  I have trained many credit repair professionals/companies, taught thousands of credit professionals/individuals, and assisted many professionals with their tough client accounts, and shared massive amounts of information at no cost to thousands of people across the country, all who have used my knowledge  and advice to reap successful results.

I want to help you too!  This is what I do, day in and day out and I'm good at it.  I have tactics, secret strategies, numerous legal ammunition tools that many others don't even know about, to help you achieve the credit you desire.

CALL ME TODAY!  Let's get you started at a huge discount so that your 2018 can be spectacular.

951-801-2828

Judgments Don't Belong On Your Credit Reports

I am of the firm belief that most derogatory items that are on your credit reports don't belong on there.  You see, if you dispute an item, the credit reporting agencies are required to verify the item.  I wrote in a post quite a while back that verification is only hearsay unless it is accompanied by validation or proof of claim, which would be the documentation.  I'm not just pulling this stuff out of my ear. No, there is case law to back up what I'm saying.

Also, verification according to Black's Law Dictionary is Sworn Testimony.  This testimony can be in a deposition, on the witness stand, or an affidavit, sworn under penalty of perjury and under oath, and notarized. Who can testify?  Only someone with first hand knowledge. Only someone who has the documentation to support the testimony and the testimony that supports the documentation.  This is how it works. One without the other is hearsay and according to the courts, it's incompetent and inadmissible.

Now back to credit bureaus claiming something is verified. Have you disputed something and they said it was verified?  Did they provide any documentation?  Did they send you the sworn affidavit testifying to the accuracy?  Hmmm, I'm guessing for everyone that has disputed with the bureaus the answers are Yes, No, and No again!

Have you disputed a judgment and you know it's not accurate?  The amounts are not always accurate. The dates they report are not accurate, usually.  But bigger than those things, is the fact that they come back claiming "Verified" when there are only 3 entities that can verify according to Black's Law Dictionary and case law directly from quite a number of courts. You can verify it - and surprisingly many people actually unintentionally do that when they dispute a judgment. The plaintiff can verify it. And the court/judge has the capability to verify it but that is against the law for them to communicate with the bureaus regarding a specific consumer/case.  In fact, Equifax got slammed a little over a year ago in Chakejian v. Equifax and the court said they cannot claim the court or any government agency furnished information or verified information pertaining to a public record.

The bureaus don't get their information from the courts and plaintiff's don't furnish public record information nor do they verify it with the bureaus. What credit bureaus do is hire a 3rd party "vendor" to check the courts' public records and they furnish it and they claim to verify it. Wait a minute!  Do you see the words "3rd party?" Now remember what the courts and Black's Law Dictionary said about verification?  A 3rd party can't legally claim to verify anything because they lack 1st hand knowledge. They're not even qualified to be furnishing the information!

So, now you know why I'm saying that judgments don't belong on your credit reports.  If you have a default judgment, that is considered a "Void Judgment" because  the court lacked jurisdiction.  If you were sued by a 3rd party collector, they lacked and will always lack Personal Jurisdiction over you. No jurisdiction, no valid judgment! 

Of course, if you fought the lawsuit and didn't fight it properly, they will have a judgment against you because you didn't challenge jurisdiction properly and you didn't word things properly in your response and/or testimony in the case.  If you didn't challenge jurisdiction, you gave them jurisdiction and the courts generally are biased and favor the plaintiff.  You have to say the right things and word things properly and challenge properly and effectively in order to win.

It's the same thing when disputing with the bureaus.  You can fight the judgment and dispute and challenge the judgment with the bureaus, but they are liars, cheats, lawbreakers, and are biased in favor of the companies that pay them.  Judgments should come off easily because they cannot truly be verified. But if the language is not correct, its a 50/50 shot.

There are things you can do in preparation for disputing and I've talked about that on other posts.  These things will give you a little more leverage and help you get them removed.  But if you want someone with over 30 years of experience, who knows the exact verbiage that has given me a 100% success rate of removing the judgments from credit reports, contact me.  I can help you get them off.  I can help remove your judgments whether they are paid or not. Usually after doing some prep work, they come  off with the first dispute. Occasionally the bureaus push back a bit and we have another go at it but as of the date of writing this article, the success rate is 100%.

I want to help you remove these judgments from your credit reports. If you're running out of time to remove these or have been told pay a judgment showing on your credit reports in order to get a car or mortgage or a place to live, or a job, or a promotion, I know how to get them off your reports quicker than most companies, and quicker than disputing it on your own.  The verbiage I use is effective. It is proprietary. It works.

Call or email me today so I can help you get these off your reports and on with your life.  7 years is too long to suffer because the bureaus prefer to be thugs to consumers than to aid them with accurate, verified reports.  Fighting for 6 - 12 months or longer to get the bureaus to remove them when you need to close escrow in 45 days is too long. Let me help.  It's what I'm good at, what I'm passionate about, and I want you to be able to get the things you need that these judgments on your reports are preventing you from attaining.

My phone number is 951-801-2828 and my email address is futurefico@gmail.com. Contact me right away to allow me to help you start getting your life back.

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.

Repair Your Credit Before Buying Or Selling A Home

We're coming up on Summer and that is usually a hot time for buying or selling a home.  You need to consider the shape of your credit before you take the leap to either buy or sell real estate. It might seem like it doesn't matter how your credit is when you are selling your home but believe me, you are a prime target for the collection vultures. They're definitely preying on potential buyers but sellers usually have equity and they want to get hold of some of it as well.

For sellers, you're not going to be able to hide the public records like tax liens and judgments. The title company will almost always force you to pay those off before they will allow you to close escrow.  You may also get hit with claims from creditors and collectors that get wind of your transaction.  It's not hard for them to find out that you are selling your home so you really need to take care of your credit issues before you open escrow, and preferably before you even list your home for sale.  

Many times sellers are also going to be buyers. Again, you will want your credit in the best shape possible.  Even if your new lender doesn't require you to pay off certain alleged debts prior to funding, getting these things either paid or off your credit reports is most likely going to raise your credit scores, which will give you a better loan rate and save you thousands - even hundreds of thousands of dollars on your home loan and possibly other credit down the line. 

Some lenders will approve you for a loan with a mid FICO score of only 580. That is typically an FHA loan. However, debt to credit and debt to income ratios play a part in qualifying for a loan.  The higher your score, the better your interest rate. The less debt, and yes that includes 3rd party collector debt, the better your ratios are going to be. Many times your lender will tell you to pay off  the bad debts showing on your credit reports.  That's not necessarily the best advice, many times it is bad advice, but then again, they don't know credit repair the way a professional credit repair expert knows it.

I HATE, HATE, HATE anyone having to pay a 3rd party collector anything!  If you've read even just a few of my blog posts, you'll know that and you'll know that I stand firm in my claim that you don't owe a collection company a dime!  This is one of the main reasons that if you are contemplating buying or selling a home in the near future and your credit is not perfectly clear of these types of accounts, you need credit repair help soon.  You may also be in a position to need to rebuild your credit as well. This is where getting together with a professional credit repair consultant can really assist you in getting ready to buy a home.

Two other main items to address before buying a home are tax liens and judgments.  These are public record items but many times lenders don't pull public records reports on borrowers. So, if they are showing on your credit reports, you want to get them off. Otherwise, your lender might make paying them off a condition of  funding your loan.  Again, removing these types of items are where hiring an expert to assist you really helps you save many thousands of dollars.

I don't worry too much about removing bankruptcies from credit reports. It's not like you can hide the fact that you've had one (or more) in the last few years.  You have to disclose that on the loan application.  If you don't disclose it, you run the risk of being accused and possibly prosecuted for bank fraud. Don't go there.  

Bankruptcies are VERY difficult to remove from credit reports. You have to disclose the fact that you've had one when you apply for a home loan, so I just wouldn't worry too much about removing them.  Yes, attempt to remove them, but don't feel defeated if it doesn't come off.  At least it's not like a collection, tax lien, judgment or charge off showing a balance that might need to get paid in order to close escrow if it's showing on your credit reports.

Interest rates on home loans are still pretty decent but they're not going down; they're going to be going up. Now is the time to get to work on your credit if you're thinking of buying or selling a home in the near future. If you're thinking about buying in less than a year, then its probably best to hire someone to assist you. 

If you're needing to move and you're going to rent, if your credit has collections and public records, you are in the same position as a potential home buyer.  Landlords want to rent to people that have good credit. If they see you have tax liens,judgments, collections, charge offs with a balance higher than $0, they're going to choose to rent to someone with better credit  than you.  Your score will also reflect a lower number as well and that is a turn off to landlords.

 Credit repair is what I've done professionally for over 30 years.  My business partner has done credit repair for over 20 years.  We've taught other credit repair companies how to do it successfully. We are true experts. We want to help you purchase your home.  We want to help you keep the equity your home has earned.  We want to help you be able to rent your next home.  We want to help you. 

If you're ready to get your credit reports looking much prettier and your credit scores higher, we'd love the opportunity to help you reach your goals.  Email me today. Let us get you into your next home!  My email address is futurefico@gmail.com if you would like to contact me directly. You can also go to our website and fill out the form to get started with a free consultation. Just go to InsightCreditGroup.com so we can fight for you.

How To Write Bureau Dispute Letters - Part 2

I am very late at getting out this post and I am truly sorry.  I have been swamped with my own clients' letters and real estate duties and just haven't had the time to get to this.  Please accept my apologies for the long delay.

Let's get to the bureau disputes.  We will cover charge off's collections, repo's, foreclosures, settled accounts, accounts included in bankruptcy (IIB), and public records.  One thing that is important for you to know about some derogatory accounts is that some are not worth disputing.  Take charge off's for example.  If they are reporting a $0 balance, I don't bother with them.  I'm telling you that in more cases than not, if you remove them, your score will likely drop.

Accounts with $0 balances, even though derogatory, usually have more positive attributes that affect the score than the negative aspects, so they offset the damage that is being done.  Deleting them removes the good factors and the bad factors but because the good outweighed the bad, your score will drop.  We see this time and time again for clients that are adamant about removing old charge offs and settled accounts with $0 balances.  We warn them, we advise against it, but if they insist, we go after them and when we start seeing them removed, we see the score drop pretty much every time. I personally think that a higher score is more important than a totally pretty credit report.

Collections:  Always negative and I don't care if the balance is $0, I'm going to go after deletions on these.  Typical disputes are as follows:

• (Round 1) I do not have any account with this company, have never heard of them and this needs to be deleted. 
• (Round 2) You told me to contact this company and I have done so. FDCPA 809b requires this to be deleted until they validate.  I have requested validation and they have not produced it. Delete this now.
• (Round 2/3/4...) Please produce the contract used to verify this account because I have none with them and the information you have is inaccurate.
• Please provide the sworn affidavit used to verify and the accompanying documentation as required pursuant to Black's Law Dictionary which defines what "verification" actually is.  ~ then I copy/paste the definition of  "verification" to the letter.

Charge Off's:  This is only for accounts showing a balance, past due or both.  Typical disputes are as follows  - Do not dispute all the errors at one time. Dispute them 1 at a time, round after round:

• (Round 1) The balance (and past due/or past due) on this account is incorrect. It should say $0. I do not owe any monies to this company for this account. Please correct or delete this.
• (Round 1 or subsequent) You are allowing an inaccurate history of this account to be reported.  Please investigate, gather documentation proving accuracy, or delete this from my credit report.
• (Round 1 or subsequent) This company does not have any information to verify as they have reported over and over in the history that they have "No Data (ND)".  As this is unverifiable, FCRA Sect. 611 REQUIRES you to delete this.
• (Round 2 or subsequent) This is not verified. I contacted the furnisher as you told me to do and they have either refused to provide any documentation or they are unable to provide documentation proving the claim or the accuracy.  This remains inaccurate, incomplete and not verified. You are REQUIRED to delete this immediately according to FCRA Sect. 611.

Repos:  Many times you will have a repo auto loan account that has a balance because of a "deficiency" remaining after they sell the car.  I treat these as charge offs and dispute the same way but some times add a little twist.

• (Round 1) You are allowing this company to furnish an incorrect balance.  The balance needs to show $0 because this account was paid in full by the asset protection insurance attached to it. Please correct to $0 or delete this account immediately.
• (Round 1 or subsequent) Please investigate the history reported on this account. It is absolutely inaccurate. Correct or delete this immediately as anything inaccurate about the information they have furnished requires correction or deletion according to FCRA Sect. 611. Take care of this immediately.
• For Repo accounts with a $0 balance I suggest that you send the company a notice to Cease & Desist ALL communications regarding the account. Advise them that furnishing or verifying information with credit bureaus is considered a "communication" according to the courts and a violation of your C&D notice.  For these types of repo accounts, once you have issued your notice to them your dispute should be as follows:
• (Round 1) I do not have any account with this company and they have been issued a notice to Cease and Desist all communications with you.  Please delete this account immediately!

Foreclosures:  Sometimes foreclosure accounts will have a balance.  This is an obvious error. Dispute this as follows:

• (Round 1) This account is inaccurately and erroneously reporting a balance that they know should be $0. Their intentional and willful furnishing of inaccurate information is a violation of FCRA Section 623 and according to FCRA Section 611 you MUST correct or delete this immediately.
• (Round 2) I have contacted this company and requested the proof that they are reporting accurately.  They have failed to provide it within the 30 days the law allows them. This is inaccurate and unverified and you are required to delete this according to the FCRA. I expect you to comply with the law and remove this slander immediately!

Settled Accounts: For all settled accounts that are original creditors (except for repos), leave it alone!  For collections, send them a full Cease and Desist (C&D).  Then follow up with a bureau dispute that says:

• (Round 1) I have no account with this company nor have I ever signed any contract to do business with them. They have neither lent me anything nor have they provided services to me for which I requested.  They are under an order to Cease and Desist and accordingly, this must be removed from my credit report immediately.

IIB Accounts:  Because a bankruptcy obliterates all debt, you no longer have any account with the creditor. It has been eliminated. If you had a bk that was dismissed, no account was in a bankruptcy because according to the courts, a dismissed bk is the same as never ita bk at all. Sometimes they erroneously report a balance as well. Dispute as follows:

• (Round 1) I do not have any account with this company. Please delete this.
• (Round 1) This account claims it was included in a bk. If that were true, which it is not, this would be violating the federal bk stay. Delete this immediately.
• (Round 1) This account is erroneously claiming I owe them money, which I do not. This is an error and according to the FCRA, inaccurate information must be deleted.

Public Records:  Hopefully before you dispute these you have removed any addresses associated with it, especially bankruptcies. Do not send the court clerk or county recorder letter yet.  You may send the FTC staff opinion letter with the first round if you would like.

• Bankruptcy (Round 1):  Your information is inaccurate. I do not recall having a bankruptcy on the dates you are reporting and there are blank fields making your information incomplete as well. The FTC has publicly stated that your public record information is often inaccurate, which is the case in what you are allowing on my credit report.  Delete this immediately!
• Bankruptcy (Round 2): You are big, fat liars!  You claimed that you verified this and told me to contact the furnisher. You claim that the court furnished and verified the information. I did as instructed and they gave me a letter claiming that they neither furnished the information nor verified the information. They are the only ones qualified to make a verification regarding this alleged bankruptcy and they did not verify. You are allowing slander on my credit report.  See the attached letter from the court proving that you are allowing erroneous information on my credit report and are falsely claiming that it is verified. Your butts need to be sued if you do not remove this from my credit report. It is inaccurate, incomplete and NOT VERIFIED! Delete this immediately!

• Tax Liens (Round 1):  I have NEVER had a valid tax lien. Further, according to my state statutes/the IRS (pick one), taxpayer information is confidential and not allowed to be on any taxpayer's credit report. (if you know your state statute, insert it in your dispute). You need to get this crap off my credit report immediately as it is inaccurate and damaging to me and may be actionable for statutory damages, actual damages, and punitive damages. Delete this NOW!
• (Round 2): Please see the attached information from the county recorder which you claim furnished and verified this tax lien.  It proves you are huge liars. How do you get away with this stuff and how on earth do you sleep at night? You should be in jail for causing injury to consumers. This was neither furnished nor verified by the county recorder. Get your false information off of my credit report now!

• Judgments: Even if you have had a judgment, you can demand that they verify it and since they are accusing, the burden of proof lies with them. If you have a default judgment, it is not a valid judgment, it is a "Void" judgment and carries with it the right to challenge it at any time. In order for a judgment to be valid, the case must have at the trial a plaintiff, a defendant, subject matter jurisdiction (which can be challenged at any time) and a competent witness (sworn affidavit by a witness with first-hand information that testifies and produces the accompanying documentation to back up the testimony).
• (Round 1): I am not aware of any judgment against me for $XXXX. I do not believe you are furnishing accurate information and I need you to investigate this and provide the documented proof that your information is 100% correct. Otherwise, please delete this immediately.
• (Round 1):  I do not have a valid judgment against me. You are allowing false information on my credit report. Delete this immediately.
• (Round 2): I have proof that you have lied about verifying this bogus judgment. The only persons qualified to verify it is the court or me, and I can't verify it and they claim they didn't verify it. See the attached from from the court proving that you have lied and that this remains unverified. The FCRA requires that this be deleted until you get proof from the court exclusively that this is mine - which obviously it is not!  Delete your inaccurate, incomplete, and unverified information immediately!

Okay, this should provide you with a really good start to cleaning up your credit report.  I cannot guarantee that any or all of these disputes will work every time because you are relying on two other parties per account to obey the law. Unfortunately, creditors, collectors and credit reporting agencies have notorious reputations for ignoring the law and doing whatever they please.  I do hope that you will see more success using some of these disputes than you have been getting or that most people get using boiler plate disputes.

Please remember never, ever to admit anything to a credit bureau.  It is THEIR JOB to get the proof and it is the furnisher's job to provide you with the proof (which is why I dispute with both the bureaus and creditors/collectors). I never, ever advise sending proof of a paid tax lien, paid judgment, or bankruptcy paperwork to the CRA's. If you do, you are giving them what they need to keep these public record items on your credit report for a full 7 years after that event.

If you decide you don't want to do this on your own, I would love to assist you with your credit repair. Also, if you have trouble removing tax liens or judgments, paid or not, we have an escalated proprietary process that can help.  By law, we are not allowed to guarantee any results, however, we do have a 100% success rate removing them.  We would love to assist you with removing them if you would like us to.

Best wishes for your credit repair venture. You can be successful so don't believe the naysayers that claim ugly credit has to stay on your reports for 7 years or more. That's an ignorant statement and totally untrue. Whether it's accurate or not, the furnisher has the responsibility to prove it and the bureaus have a responsibility to maintain maximum accuracy.  If it can't be proven, a claim of accuracy should not be made by anyone.  Also, you may think it's accurate and you may think you owe monies, but I'm here to tell you that you that you have been deceived.  Your contracts with creditors were never truly valid and no 3rd party collector has a lawful claim against you.

Stand up for your rights.  Fight hard for your credit to be repaired. You are to be congratulated for taking the steps needed to get your life and credit back!

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.

How To Write Bureau Dispute Letters - Part 1

You can have success with your credit repair by just disputing items with the credit bureaus.  Though that is what many credit repair companies use for their services, I personally believe to eliminate the alleged debts, you need to demand validation from both creditors and collectors in addition to disputing with credit bureaus.  When you are repairing your credit, even if you don't want to do validation letters, you absolutely must dispute with the credit bureaus.

I get quite a bit of emails from people who are not sure how to dispute with bureaus and need help with what to say, how many items can you dispute at a time, whether or not you should dispute each item individually, and a number of other questions relating to bureau disputes.  I'm going to try to answer most of them here and give you examples of how to dispute the different types of items. I'm breaking this up into 2 posts because it will be quite lengthy if I do it in just 1.

Let's start with the first part of disputing with credit bureaus.

I want to suggest to you when you start working on your credit, that you do a couple things prior to the actual account disputing. First, Opt Out from all 3 bureaus. What this means is that you do not want them selling your information for marketing purposes.  You can do it by phone or in writing or online.  

By Phone:

(888) 567-8688 - This will opt you out for 5 years.

Online:

http://www.optoutprescreen.com – you can opt out for 5 years or permanently. If you want to permanently opt out, you will need to mail in a form they provide on the site.

By mail:

You must contact each of the bureaus separately to opt out by mail.

Experian

Opt Out

PO Box 919

Allen, TX 75013

TransUnion

Name Removal Option

PO Box 505

Woodlyn, PA 19094

Equifax

Options

PO Box 740213

Atlanta, GA 30374

The next thing you should do is to look through each of your credit reports and note every name variation that is not correct, any addresses that are old and tied to something negative, and any phone numbers, employment or other personal information that is old, not correct or that you just don't need any collectors getting hold of.  Dispute each of these things with the credit bureaus.

A typical dispute for personal information is as follows:

"You are reporting names that are not me.  I have never used them, they are not aliases, they are flat out not me and don't belong on my credit report.  Remove these names please."  Then list the names that don't belong to you.

"You are reporting addresses on my credit report that I don't live at, don't belong to me, and I don't recognize. You obviously have someone else's address information on my credit report and because it's inaccurate you must remove them immediately."

Keep doing this with each personal information item that you want removed. Usually they remove them pretty quickly.  They might fight back on the addresses if they are tied to public record information, so you might need to go after them several times.  Experian is the worst for removing addresses, so just be aware of that.

At the same time you are disputing your personal information, if you have any public record information, you need to write to the court and/or county recorder and ask them if they furnish information to the credit bureaus or if they verify with them either.  You will want to tell them that you are only inquiring about what they do, and that you are not interested in the dispute process or being given some information from some court website about how long public records stay on your credit.  Just tell me does your court actually furnish or verify any information with credit reporting agencies,  You will need to include a self addressed stamped envelope with your inquiry so that they will send you the response as quickly as possible.  I actually have a letter and form that I am willing to share that is sent to the court clerk and county clerk that says what I just wrote above.  You'll need to email me for that.

So, we will get to the actual account disputing with credit bureaus on the next post,  If you have any public records that you will be attempting to remove, please email me for the court clerk and county recorder letters.  Also mention the FTC Staff Opinion Letter as that will be instrumental in removing public records as well and you'll need it when you start your disputing of those items.

My email address is up above on the right hand side, but here it is for those who can't see it on their phones.  futurefico@gmail.com

If you have found this blog helpful to you, please consider donating as a sign of your appreciation for information I have freely given to you.  The "Donate" button is on the right side bar.  Thank you for your generosity.

Removing Default Judgments From Credit Reports & Public Records

Have you ever gone and applied for credit or pulled your credit to qualify to buy a car or house and the finance manager or loan officer tells you that you  have to take care of a judgment in order to qualify and you say, "What judgment?"  I hear it quite a bit. This usually happens because you got sued and never were properly served. I see this happening a lot to people who have been sued by 3rd party debt collectors.

If you've read much of my blog, you know that I absolutely loathe debt collectors. These companies are the scum of the earth.  They have no business meddling in your life. They play dirty, violate the law, and should never get a dime from any consumer.  What is really rotten is when they sue you.  They file a lot of lawsuits because they know that most consumers will not fight back and they get default judgments.  If they think you might be a fighter, or they just don't want to take the chance of that, many times they will improperly serve you a summons and complaint or not even serve you at all. If you don't know about the lawsuit, you won't fight it and they'll win by default.

Courts do NOT furnish these judgments, or any judgments for that matter, to your credit reports. They don't verify them with the credit bureaus either when you dispute them.  These are furnished to the bureaus by data diggers. They scour the public records to find new public records and I believe they are paid to furnish them to the credit bureaus.  These data diggers are considered "Vendors" by or to the credit bureaus and they are the ones who both furnish and verify the disputes with the credit bureaus.

This really pisses me off because they are not qualified to do either of these things and when you demand that the bureaus give you the contact information for the person who verified, they lie and give you the court's address and contact info and never expose the true furnisher of the information nor who claims to have verified the information.  I say that they are not qualified because in order to verify something, you have to have first hand knowledge and the full documentation to back it up. They have neither.

But let's talk about how you remove them. Before I explain the following process, let me state that paying off a judgment does not make it come off your credit report. When you are repairing your credit, you will dispute the judgment with the credit bureaus.  You need to give a specific error.  You can say things like, I have never had a valid judgment for $xxx.  Or, I didn't lose any lawsuit on 1/1/01 or whatever date they are reporting.  You need to spin it if it looks sort of accurate.  You can challenge the court location, dates, amounts, plaintiff, missing information, inaccurate information, even the age being obsolete if its too old to even be on a credit report. You must be VERY CAREFUL not to admit anything about the judgment.  Use "I don't recall..." if you have to but don't even hint at admitting to it.

At the same time you are disputing with the bureaus, send a letter off to the court requesting their method of furnishing information and verifying information with the credit bureaus.  Do not get specific. Do not include your social security number. Do not include any case numbers. Do not reference ANY specific case.  You are only inquiring about whether or not they furnish information and verify information with the credit bureaus.  Make sure you include a self addressed stamped envelope so that they can send you a response quickly.

You should have the response from the court back before you even get your bureau responses back. This is most of the time.  Sometimes courts fail to respond.  When this happens, I think that there's a clerk or court employee that is intentionally trying to make it difficult for you to remove your public record items because they believe you deserve it.  I'm just very suspicious of them like that. I like to see the good in people but I've seen so much that I just have a hard time giving them the benefit of the doubt.  Anyhow, hopefully they will answer your inquiry properly so that you will have some good ammunition for your next round of bureau disputes.

Hopefully your bureau disputes will come back showing that the judgment has been deleted.  But if it comes back as "Verified", you will need to do another round.  This time, your dispute will be, you told me to contact the court regarding the verification of this item. Please see the attached letter I received from the court when I did as you told me to do. They had nothing to do with this information and they certainly didn't verify it.  Please either give me the contact information of the liars who claimed to have verified this or delete it.  Make sure you have attached a copy of the letter from the court and you can also include an FTC staff opinion letter that I use and highlight, that states bureaus are allowing inaccurate public record information on credit reports.

This time, your bureau responses should come back showing the judgment deleted.  But, sometimes they do, sometimes they don't. Bureaus will occasionally claim they can't use the supporting documentation that you sent with your dispute and its still verified.  Even though the correct and lawful response would be that it has been deleted, unfortunately, bureaus are big lawbreakers too.

We are moving on now to the next section. Whether or not you removed your judgment from the credit report it will still be in the public records.  If you are buying or selling property, when they do a Title search, they will find this judgment and underwriting for your mortgage may require that you pay it off as will escrow for sellers to be able to close.  Credit repair does NOT remove the judgments from public records.  But, getting the judgment vacated with the court sure does!

Now, this is good for everyone who hasn't been able to get it off the credit reports.  I also want to reiterate that this is ONLY FOR DEFAULT JUDGMENTS!  Removing a judgment from a public record should cause your next dispute to the bureaus to finally delete it off your credit reports.

DISCLAIMER:  THIS IS NOT LEGAL ADVISE!! THIS IS "HOW TO" INFORMATION BASED ON MY OPINIONS, MY EXPERIENCES, RESULTS FROM PUTTING IT INTO PRACTICE AND MY KNOWLEDGE GAINED FROM RESEARCH AND PRACTICAL APPLICATION RESULTING IN CONSISTENT SUCCESSES ONLY. I AM NOT CLAIMING TO BE A BAR ATTORNEY. (I refuse to stoop to that level or be insulted to that degree).

You will need to get the judgment vacated at the court level. This means you will need to file a Motion to Vacate and Set Aside the judgment, and Motion to Stay the Execution of the judgment. You will also need an Answer to the lawsuit which will be entered as an attachment to your Motion to Vacate.

Court rules vary from state to state and county to county. Sometimes courts have rules specific to that court.  There are 2 arguments that can be raised to get a judgment vacated.  The first one is the one most often used and pretty much the only one that an attorney would use. It is a Motion to Vacate for Lack of or Improper Service.  What this means is that you weren't served at all or they didn't serve you properly.  They may have served the wrong address. But for whatever reason, you were not timely and properly notified that you were being sued.  There is also an argument to be made that you were in the hospital at that time or out of the state/country, and didn't get served properly.  They may have done what is called "Substituted Service" because they weren't able to serve you personally.

You will need to pull the full case file and buy a copy of everything in that file. You will want to see the Summons and Complaint (sometimes called a Warrant of Debt), the proof of service, any affidavits that were included, and anything else in that file.  You will be using these items and the information they contain, especially in their Complaint, which has "Causes of Action" to form your defense for both your motions and your Answer.

Remember I talked about court rules?  Well, its very common to see a deadline to file a Motion to Vacate within 6 months of discovering that you had a judgment.  So, when you find out about it and you want to use this defense, you will usually need to get your motion filed into the court and served upon that plaintiff within 6 months.

Now the 2nd argument that can be raised to be granted a Motion to Vacate, and again, this is ONLY for DEFAULT judgments, is the court's lack of Jurisdiction. A default judgment is considered a "Void" judgment and it can be challenged AT ANY TIME - There is NO Statute of Limitations to challenge a default judgment.  The court lacks jurisdiction because there are 4 requires items for every case.  A Plaintiff; A Defendant (Whoops, that was missing); Subject Matter; and A Competent Witness.  

When the court grants a default judgment, there was No Defendant. That means the court lacked Personal Jurisdiction.  If when you pull the file you find that the Plaintiff didn't include an affidavit from a "Competent Witness" (one who has first hand knowledge and is qualified to testify - not hearsay!), then the court also had no Subject Matter Jurisdiction.  Also, subject matter jurisdiction can be challenged at any time and the case cannot move forward until the PLAINTIFF establishes, proves it.

Here is the beauty of vacating default judgments, especially when using the argument of the court's lack of jurisdiction. As I stated, default judgments are Void judgments and can be challenged at any time with NO statute of limitations.  What this means is that if you look at the Date of Last Activity for the original account, and had there not been a judgment it would now be outside that Statute of Limitations for debt, once that judgment is vacated, that debt is now considered Time-Barred and they can't come back and sue you again!  While a judgment is active, they can pursue payment until the statute of limitations for judgments expires.

So keep in mind these Statutes of Limitations:

State statute of limitations on debt is based on the Date of Last Activity (when you last made a payment.

State statute of limitations for judgments - based off the date of judgment and runs for usually at least 10 years but it varies by state.

Statute of Limitations for vacating a Default Judgment - ABSOLUTELY NONE!

So the moral of the story here is, be excited for default judgments. If you get sued, even served properly, but are not prepared to fight and doubt you could win (you probably could if you knew how to fight it properly), don't be afraid to get that default judgment.  You have the ability to reopen the case when you are ready. vacate it, and if you can hold off the vultures trying to collect on that judgment until the debt statute of limitations has passed, you can totally get rid of it from the public records as well as your credit reports.  

Oh, PS.  It is much more wise to vacate a judgment than to file a bankruptcy to get out of paying off a judgment.  Filing a BK will add 10 more years of crap credit to your credit reports and they are a pain in the butt to remove. Save those BK filings for emergencies such as one of your strategies for avoiding foreclosure. By the way, if you are facing foreclosure and want to fight, you can contact me for a referral to a friend of mine who is massively successful, its what he does for a living, and just so you know that he knows what he's doing, he's been in his house now without making a payment for over 11 years. 

If you would like someone to help you remove your judgments from your credit reports, I can help you with that. Though it is illegal to guarantee results, my partner and I do use an escalated and proprietary process that generally removes them in approximately 30 days and we have a 100% success rate.  I would love to help you remove your judgments, your tax liens, your collections, etc. and help you raise your scores so you can have that fresh start you so deserve! You can find my contact information on the top right of this blog. Both my email and phone number are there for you to reach out to me.

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Why You Can Remove Liens, Judgments And BK's From Your Credit Report

It is always so frustrating when you are trying to build, re-establish your credit or get financing and you keep getting turned down because your credit doesn't meet the criteria needed.  I think one of the most frustrating things is when you go to buy a house and you find out that you have a judgment on your credit, many times that you had no idea was even there.

Sure, you expect to see that bankruptcy, but sometimes you aren't even aware that you have tax liens and judgments on your credit.  It feels like you're doomed and will never get that loan. Its frustrating because if you spend money on paying them off, you're cutting into the money you need for your down payment and closing costs.  And if its a bankruptcy that's killing your score, you can't even pay to resolve that.

But what if I told you that you can legally remove them?  Would that make a difference?  I hope so because I'm telling you, you really can LEGALLY remove them. In fact, I'll go so far as to say that they are ILLEGALLY being reported on your credit report. The bureaus have  a responsibility and a duty to remove them. But you have to know the game in order to beat them.

I want to be clear that just because you remove them from your credit reports does not mean that they are also deleted from the public records.  The credit bureaus and the county records are two completely separate entities. Your bankruptcy will still be recorded in the public records and you can't remove it from there. Judgments and liens will still be recorded in the public records but those are things you can actually remove from public records as well as your credit reports.  I'm not going into that today.

I've been very, very successful removing these from both the public records and credit reports. This is because my idea of a fun night, is one spent reading laws and case law and researching and developing strategies to tackle these issues successfully.  I'll tell you that it's way faster and a bit easier to remove them from credit reports than public records. 

So today, I'm going to teach you why you can legally get them off your credit reports and why I believe the law is clear that bureaus need to remove them.  If you've read my earlier posts about 3rd party collectors and removing collections, you'll see that its the same laws that affect the public record information that shows up on your credit reports. These same laws are part of what I use to remove them from credit reports.

When you look at your credit report, it tells you the name of the furnisher of the information. That may be a credit card company, auto lender, mortgage lender and sometimes collectors. When you look at the public records, you'll see that they claim it is the bankruptcy court or the superior court or the county recorder. Sometimes it says a magistrate or recorder of deeds. Whatever place it shows, they are saying that that court house or recorder, or whatever, is furnishing the information.

That's a bold faced lie.  Then the bureaus go so far as to claim that they have verified the information when you send them a letter disputing the information. That's an even bigger, fatter lie. Do you actually think that the courts have hired people to furnish details about the hundreds or thousands of cases and about the losing party, to the credit bureaus? Do you think courts and county recorders have time to verify the thousands of disputes bureaus get every day? That's just one issue.

The big issue is, do they have the legal right to furnish or verify information?  Ahh, now that's where we look to the law and that's where we find the answer that the bureaus don't want you to know!  Before we even look at the law though, let's look at the legal definition of "verify" or "verification."  Now, I did a post on this word a while back. Its really important that you understand this definition.  Its part of the, um, I can't think of the word I want but , sort of the strategy of what ties everything together. Let me take a bit of that post from last year and show you here how it ties things together.

Verification according to Black's Law Dictionary is "... averment that the party pleading is ready to establish the truth of what he has set forth." Also, it goes on to say, "The examination of a writing for the purpose of ascertaining its truth; or a certificate or affidavit that it is true." 

The court said "Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition." McDonald v. Rosengarten, 134 111. 126, 25 N. E. ; and Summerfield v. Phoenix Assur. Co. (C. C-) 65 Fed. 296; and Patterson v. Brooklyn, 6 App. Div. 127, 40 N.Y. Supp. 581.

To break it down into language you can understand, verification is sworn testimony. It can be testimony in a deposition or in court or an affidavit. The only testimony that is admissible is testimony from a witness with First Hand knowledge. A court clerk does not have first hand knowledge nor does the county recorder, nor does anyone at the credit bureaus, nor does Lexis Nexis, the main public records source for the credit bureaus.  If someone verifies but they don't have first hand knowledge, then its not verification, its Hearsay. And hearsay is inadmissible and the court says its incompetent. 

This is a major puzzle piece in figuring out how to go at the bureaus and get your public records removed.  The next major piece is based upon a law that applies to 3rd party collectors.  This has been discussed in a previous post as well. The law I'm referring to is FCRA § 603(o)(5)(A)(i; iii). This law in fact, applies to more than just 3rd party collectors. It applies to every single entity that furnishes information to the credit bureaus.  Here's what this law says:

FCRA § 603 
(o) Excluded communications. A communication is described in this subsection if it is a communication 
(5) with respect to which 
(A) the consumer who is the subject of the communication 
(i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication;
(iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person;

So, even if the courts or recorder's office was furnishing the information, other than getting a court order to furnish the information, they are not allowed to furnish or verify squat on your credit report without your authorization. If you have one of these public records on your credit, did you give the bk trustee your authorization to furnish information about your bankruptcy? (not that he/she would have the time to do that). Did you authorize Lexis Nexis? The courts? The county recorder's office? Anybody?  Did you authorize anyone to put negative public record information on your credit reports?

Yeah, I doubt you authorized anyone to furnish that information and I doubt there was ever a court order to have it on there either.  Hopefully now you'll believe me, or at the very least, understand why I say that you can legally remove these items from your credit reports and why I believe they are illegally being furnished and verified when you try to get them off.

I'm not one to brag, but I have to say here that I am extremely good at what I do. I'm not saying that I get everything off in one shot, and actually, removing public records is a multi-step process. But, I'm saying that I consistently and successfully remove these items from people's credit reports all the time.  I can't remember when I haven't been able to remove them. The power to do this is in the laws, in the definitions, and in the way you word things, and the way you follow up everything with enforcement. 

Hopefully I've given you enough information that if you choose to pursue the removal of these items on your own, you too will see success.  But, if you want someone to help you that has a proven track record, almost 3 decades of experience, I would like it if you'd get a hold of me. My contact information is up at the top right hand side of this page. 

These days, prospective home buyers have a hard enough time getting qualified for a loan with decent credit, you can imagine the hurdles they must face when the credit report has these types of negative items on it.  I want to help you if this is your situation.  I want to help you if you need to buy a new car. I want to help you if you want to get some new credit cards or you just want to clean up your credit. I love what I do. It is my passion and I'm good at it. 

I love seeing clients' credit reports go from awful to spectacular. I love the fight. I love sparring with collectors, creditors, and bureaus. Most importantly, I love to win.  When I win, its Your win. When I win, your ugly credit report becomes a pretty credit report. That's what I love to do. I love to help consumers have pretty credit reports that allow them to get the loans and credit they need at interest rates that don't choke the life out of you. I love  to help consumers save money on their insurance, their utility deposits, their ability to rent a car, to be able to get that new job or keep the job that scrutinizes their credit.

I love this so much that right now I'm running a special. From now until September 5, 2014 or the next 25 people, whichever comes first, I will go after the removal of a public record for half price.  I would say that I will remove it, but the law does not allow me to promise or guarantee results.  I know what I'm able to do, but I won't break the law in my processes nor in my claims. Bureaus, creditors, and collectors may lie, but I won't. So, again, I will go after the removal of a public record item at half the regular price, for the next 25 people or September 5, 2014, whichever comes first.

Please don't hesitate if you want to save some money on this. I fill up my client rotations quickly.  The sooner you contact me, the sooner we get started and the sooner you can expect to see a prettier credit report! Please call or email me today.

PS: If you are a loan officer, real estate agent, insurance agent or someone who has clients that need my services, anywhere in the country, please contact me. I want your turn downs. I'm willing to earn your business and send you back clients who are able to qualify and get better rates. My services will help you close more deals.  If you are a real estate agent or broker, I offer an airtight non-compete that I believe will put any of your worries about that issue to rest. I'm not looking to act as your clients' real estate agent. I'm looking to get their credit where it needs to be so you can close deals.

PPS:  I also do lunch & learns and workshops for your potential buyers and agents in Southern California. My partner and I come and show how we can help your clients become homeowners and how we can help your office close more deals!  Please contact me today!

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